- 25 - reasonable cause and not willful neglect. Sec. 6651(a)(1). Reasonable cause means that the taxpayer exercised ordinary business care and prudence, but could not timely file the return. Sec. 301.6651-1(c)(1), Proced. & Admin. Regs. Petitioner contends that he had reasonable cause for not filing by October 15, 1989, because he did not have his financial records until July 1990. We have held that an illness which kept taxpayers from their records was reasonable cause for late filing. Hayes v. Commissioner, T.C. Memo. 1967-80. However, here, petitioner did not claim illness or similar reason for not having his records. Rather, he testified that his records were in storage in a room about 6 feet high, 7 feet wide and 9 feet long, packed with furniture and boxes. He looked for the box, but did not find it until he moved everything out of the storage area in July 1990. He had his records in storage since May 1989. Petitioner did not explain why there was a 3-month delay between when he found his records (July 1990) and when he filed his return (October 1990). Petitioner contends that he had reasonable cause for not filing earlier because he believed that he would get a refund. We have held that a taxpayer's failure to timely file a return because he or she believed no taxes were due is not reasonable cause under section 6651(a)(1). Colbert v. Commissioner, T.C. Memo. 1992-30; Worm v. Commissioner, T.C. Memo. 1980-481; Armaganian v. Commissioner, T.C. Memo. 1978-305; Fox v.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011